When you get a divorce from your child’s other parent, the last thing anyone may want is for your child’s relationship with either one of you to suffer as a result. To that effect, unless extenuating circumstances sway them otherwise, the New Jersey family court typically orders both parents to joint custody rights. If you are not a parent but rather the child’s grandparent, you may wonder whether the court will also factor you into their visitation and parenting time schedules. Well, please continue reading to learn whether a family court will grant grandparent rights and how an experienced Bergen County child custody attorney at McNerney & McAuliffe can help you fight to maintain a strong grandparent-grandchild relationship.
When will a New Jersey family court grant grandparent rights?
Of note, unlike what they do for parents, a New Jersey family court may not automatically grant a grandparent visitation rights. This is because the court may yield to a parent’s authority and trust that a fit parent will use their best judgment in giving or denying a grandparent access to their child. This is, of course, unless a grandparent proves a parent’s unfitness to make this critical decision. That is, a grandparent may exercise their legal right to petition the court for visitation rights, confirm that they have a “standing” to file this request, and demonstrate that this court order would be in the best interest of their grandchild.
What must grandparents prove to earn visitation rights?
To reemphasize, a grandparent has a burden of proof to establish that earning visitation rights would work to their grandchild’s best interests. With that, the best interest standard holds that visitation would benefit the child’s emotional and developmental well-being. This may be supported with background factors such as the pre-existing relationship between the grandparent and the grandchild, the good faith of the grandparent, etc. Subsequently, it solidifies that denying visitation would actually harm the child, whether it be by inflicting emotional distress, the loss of a stable caregiver relationship, the development of abandonment issues, and more.
However, the New Jersey family court may still deem the custodial parents fit. Therefore, they may still heavily consider their stance and reasoning for refusing a grandparent’s access to their child. This is only until a grandparent effectively exhibits how this scenario has and will continue to cause emotional and psychological harm to the child. Then, the court may ultimately rule to override the parents’ decision and allow a grandparent scheduled visits with their grandchild. This just underlines the necessity of clear and convincing evidence a grandparent must have to supplement their petition.
If you are still hesitant about taking the monumental step of pursuing legal action, consult with a skilled Bergen County family law attorney from McNerney & McAuliffe to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.